A woman accused of co-leading a home invasion with four others has had her third attempt for bail granted because the complainant has been sentenced to jail, a situation that a judge described as "somewhat of an unusual turn".
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Trinity Lee Hagen appeared in the ACT Supreme Court on Wednesday having pleaded not guilty to joint commission aggravated burglary and joint commission assault occasioning actual bodily harm.
Prosecution documents allege that in July 2021, Ms Hagen and four others went to the complainant's premises in Hawker where Ms Hagen and two of the co-accused ransacked the place.
The complainant was then allegedly dragged outside and assaulted, including in the head, by the other co-accused - two women - in which a jet lighter was used to burn her hair.
The two co-accused inside the premises then went outside where one allegedly had a machete and used it to slap the complainant and pointed it into her back.
Another allegedly grabbed the complainant's gold necklace and phone.
The complainant's brother was also present and at one point ran out with a saw.
He witnessed two of the co-accused "getting stuck into her".
The brother and a neighbour called triple zero, with the former alleging his sister's home was "smashed and the intruders having guns and knives".
During this period, Ms Hagen was allegedly inside the premises "taking property indiscriminately".
The items were in "several bags" that included the complainant's life insurance documents, as well as wardrobe items.
The complainant sustained several cuts and marks and singed hair.
In court on Wednesday, Ms Hagen's lawyer, Duncan Berents, applied for bail based on a change of circumstances being that the complainant is now a sentenced prisoner - arising from an unrelated matter - at the Alexander Maconochie Centre.
"The change is that the [alleged] victim in the matter can no longer be harassed, intimidated or feared whilst she is in the community because ultimately she's now in custody," Mr Berents said.
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Prosecutor Nathan Deakes opposed bail, saying he did not accept there was a change of circumstances.
"The two are being kept separate even though both are at the AMC," Mr Deakes said.
He said that if bail were to be granted, the court should prohibit her from contacting her co-accused.
Justice Michael Elkaim granted bail, saying he was satisfied the change of circumstances existed.
He described the situation as taking "somewhat of an unusual turn because the [alleged] victim is now imprisoned herself and is living even closer to the [bail] applicant".
Justice Elkaim said bail needed to have strict conditions, which included not contacting her co-accused.
The court heard Ms Hagen was refused bail twice - due to the complainant's safety concerns - before her successful application on Wednesday.
She will return to court at a later date in relation to her trial.
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